An examination of international, Indigenous, and Canadian constitutional law relating to the implementation of UNDRIP in Canada by leading Indigenous legal scholars and policy leaders.
Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives.
Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as "a way forward" on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.
"A very rich collection of essays from a diverse range of authors ... I strongly recommend it." Nigel Bankes, Review of Constitutional Studies
"By keeping Canada and [section 35 of the Constitution Act, 1982] squarely in focus, this collection provides an organized and detailed account of how [section] 35 jurisprudence is wholly inadequate and highlights areas that are ripe for immediate change. Braiding Legal Orders provides a useful snapshot of various contemporary perspectives at a time when UNDRIP is increasingly taking centre stage." Saskatchewan Law Review
"A fantastic introduction to different Indigenous legal traditions but, more specifically, to the role they need to play in implementing the UNDRIP within Canada. It focuses not only on consent and natural resource rights but also on language rights and the larger questions concerning self-determination and the goal of a nation-to-nation relationship." *The Canadian Yearbook of International Law * An examination of international, Indigenous, and Canadian constitutional law relating to the implementation of UNDRIP in Canada by leading Indigenous legal scholars and policy leaders.
John Borrows is is professor of law and Canada Research Chair in Indigenous Law at the University of Victoria. Larry Chartrand professor of law at the University of Ottawa. Oonagh E. Fitzgerald an international lawyer, senior fellow with the Human Rights Research and Education Centre, and president of the International Law Association of Canada. Risa Schwartz sole practitioner of Risa Schwartz International Law.
